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Kristen Saban's motion to dismiss transcript

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IN THE CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA
SARAH GRIMES, )
)
Plaintiff, )
) Case No.: CV-2012-900538
VS. )
)
KRISTEN SABAN, )
)
Defendant. )
DEFENDANT'S MOTION TO DISMISS
COMES NOW the Defendant and pursuant to Rule 12(b)(6) of the Alabama Rules of
Civil Procedure respectfully moves this Honorable Court to dismiss all claims against this
Defendant. In support thereof Defendant offers the following:
1. The defendant pleads the general issue and says that she is not guilty of the matter alleged
in the Complaint.
2. This defendant pleads the general issue and says that the allegations of the Complaint are
not true.
3. The defendant pleads that the plaintiff was the first aggressor in this incident and
therefore she acted in self-defense.
4. The defendant pleads and affirmatively raises the Alabama Litigation Accountability Act,
Ala. Code § 12-19-270, et. seq., and hereby demands that the plaintiff's claims be
dismissed within 90 days from the filing of the Complaint, or that defendant will seek
attorneys' fees and costs from the plaintiff and plaintiff's counsel.
5. As to the Complaint, the defendant denies each and every material allegation of the
plaintiff's Complaint, demands strict proof thereof, and specifically denies that the
plaintiff is entitled to recover damages from this defendant.
6. The defendant avers that there is no causal relationship between any act of this defendant
and the injuries alleged in the Complaint.
7. The Complaint fails to state a claim for which relief can be granted.
8. The plaintiff was guilty of negligence which proximately caused or contributed to cause
the alleged injuries and damages.
9. The plaintiff assumed the risk of the alleged injuries and damages.
10. The defendant avers that all of the plaintiff's medical expenses have been paid for by
plaintiff's medical insurance carrier, or some other form of insurance, and plaintiff is not
entitled to recover.
11. The defendant avers that some other responsible entity and/or insurance company may
have provided benefits in the form of medical payments or other compensation to the
plaintiff.
12. The defendant pleads the applicable statute of limitations.
13. The defendant avers that plaintiff has failed to mitigate her damages.
14. The defendant pleads sudden emergency.
15. The plaintiff's claims for punitive damages unconstitutionally violate the United States
Constitution and the Constitution of the State of Alabama.
16. The plaintiff's demand for punitive damages violates the due process clause of the
Fourteenth Amendment of the United States Constitution in that the claim for punitive
damages is vague and not rationally related to any legitimate government interest.
17. The plaintiff's demand for punitive damages violates the rights guaranteed by the United
States Constitution in that the claim for punitive damages is penal in nature for which the
burden of proof on the plaintiffs is less than the "beyond a reasonable doubt" standard
required in criminal cases.
18. The defendant denies each and every material allegation of plaintiff's Complaint and
demands strict proof thereof.
19. The defendant did not breach any duty owed to the plaintiff.
20. The defendant avers that this Court lacks jurisdiction over the subject matter.
21. The defendant avers that this Court lacks jurisdiction over the person.
22. The defendant avers that the venue is improper.
23. The defendant avers insufficiency of process.
24. The defendant avers insufficiency of service of process.
25. The defendant avers that the plaintiff failed to join a necessary party under Rule 19.
WHEREFORE, THESE PREMISES CONSIDERED, Defendant prays for an order from
this Court dismissing the Complaint filed against her by the Plaintiff, and for other just relief as
this Honorable Court deems appropriate.
Respectfully submitted,
/s/Joshua P. Hayes (HAY-059)
Prince, Glover & Hayes
1 Cypress Point
701 Rice Mine Road North
Tuscaloosa, Alabama 35406
Phone: (205) 345-1234
Fax: (205) 752-6313
Email: jhayes@princelaw.net
CERTIFICATE OF SERVICE
I hereby certify that the foregoing document filed through the Alabama Judicial System
will be sent electronically to the registered participants as identified on the Notice of Electronic
Filing and paper copies will be sent to those indicated as non-registered participants.
Stephen A. Strickland, Esquire
This the 12th day of July, 2012.
/s/Joshua P. Hayes
Of Counsel

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